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STAFFORD v. BARKER

No. COA97-426.

502 S.E.2d 1 (1998)

Ramona H. STAFFORD, as Administrator of the Estate of Stephen W. Stafford, and Individually, and State of North Carolina, ex. rel, Ramona H. Stafford, as Administrator of the Estate of Stephen W. Stafford, and Individually, Plaintiffs-Appellants, v. Ron BARKER, in his official capacity as Sheriff of Forsyth County, North Carolina, and Hartford Fire Insurance Company, Defendants-Appellees.

Court of Appeals of North Carolina.

June 2, 1998.

Attorney(s) appearing for the Case

Smith, Follin & James, L.L.P. by Seth R. Cohen, Greensboro, for plaintiffs-appellants.

Womble Carlyle Sandrige & Rice, L.L.C. by Allan R. Gitter and Ursula M. Henninger, Salem, for defendants-appellees.

WYNN, Judge.

In North Carolina, there are two exceptions to the "public duty doctrine":(1) when there is a special relationship between the injured party and the police and (2) when a municipality, through its police officers, creates a special duty by promising protection to an individual, yet fails to provide such protection to the individual promised. Braswell v. Braswell, 330 N.C. 363, 371, 410 S.E.2d 897...

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